The Court authorized this notice to let you know about a proposed Settlement with BWAY. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment as part of the Settlement. This notice explains the lawsuit, the Settlement, and your legal rights.
Judge Caroline Kate Moreland of the Circuit Court of Cook County, Illinois is overseeing this class action. The case is called Burton v. BWAY Corporation, Case No. 18-CH-09797. The person who filed the lawsuit, Jermaine Burton, is the Plaintiff. The company he sued, BWAY Corporation, is the Defendant.
A class action is a lawsuit in which an individual called a “Class Representative” brings a single lawsuit on behalf of other people who have similar legal claims. All of these people together are a “class” or “class members.” Once a class is certified, a class action settlement finally approved by the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.
The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits private companies from capturing, obtaining, storing, and/or using the biometric identifiers and/or biometric information of another individual for any purpose, without first providing notice and getting consent in writing. Biometrics are things like your fingerprint, faceprint, or a scan of your iris. This lawsuit alleges that BWAY violated BIPA by allegedly collecting employees’ biometric data when they used finger-scan timeclocks at its Illinois locations without giving notice or getting consent. BWAY denies these allegations and denies that it violated BIPA.
More information about Plaintiff’s complaint in the lawsuit and the Defendant’s defenses can be found in the “Case Documents” section of this settlement website.
The Court decided that this Settlement includes all current and former employees of BWAY Corporation who, while Illinois residents, used a finger scanner at a BWAY facility in the State of Illinois between August 1, 2013 and August 20, 2018. There are 1,251 people in the Settlement Class.
Excluded from the Settlement Class are (1) any Judge or Magistrate presiding over this action and members of their families, (2) Defendant, Defendant’s subsidiaries, parent companies, successors, predecessors, and any entity in which Defendant or its parents have a controlling interest, (3) persons who properly execute and file a timely request for exclusion from the Settlement Class, and (4) the legal representatives, successors or assigns of any such excluded persons.
If you are a current or former employee of BWAY who used a finger-scanning time clock at a BWAY facility in the State of Illinois, while residing in Illinois, between August 1, 2013 and August 20, 2018, and are not subject to any of the exclusions above, then you are a member of the Settlement Class and are entitled to a cash payment. If you received a notice of the Settlement in the mail or by email, our records indicate that you are a class member and are included in the Settlement. You may call or email the Settlement Administrator at (866) 612-2787 or info@BWAYBIPASettlement.com to ask whether you are a member of the Settlement Class.
Cash Payments to Class Members: If the Court approves the Settlement, BWAY has agreed to create a Settlement Fund of $1,563,750. Class Counsel expect that each class member will receive a settlement payment of approximately $790 after all fees and costs are deducted.
Agreement on Future Conduct: As part of the Settlement, BWAY has agreed that it will destroy the biometric data of all former employees. BWAY has implemented a consent and disclosure program related to biometric data as of August 2018 and agrees to maintain that program going forward by obtaining written releases from all Illinois employees who use biometric time clocks, making BIPA-required disclosures, destroying biometric data that it no longer needs, and maintaining a retention policy.
If you are a Class Member, you will receive a settlement payment automatically. You have several options for your payment method. If you do nothing, a check will be mailed to you at your last known address. You can request to update your address by emailing the Settlement Administrator at info@BWAYBIPASettlement.com. If instead of a check you would prefer to receive your payment through Venmo, Zelle, or Paypal, click here and select your payment method.
The hearing to consider the fairness of the Settlement is scheduled for March 30, 2023 at 11:00 a.m. If the Court approves the Settlement, and there are no objections to the Settlement, eligible Class Members will automatically be sent their payment within 60 days via check or the electronic payment method they chose (see Question 8 above). Please be patient. All checks will expire and become void 180 days after the date they are issued. Any electronic deposit unable to be processed within 180 days of the first attempt will expire and become void. Uncashed checks and electronic payments unable to be processed will be re-distributed to the Settlement Class Members who cashed their checks or successfully received their electronic payments, if feasible and in the interests of the Settlement Class. If redistribution is not feasible, such funds will be donated to Chicago Legal Aid, pending Court approval.
Yes, the Court has appointed lawyers Jay Edelson, J. Eli Wade-Scott, and Schuyler Ufkes of Edelson PC and David Fish of Fish Potter Bolaños, P.C. as the attorneys to represent you and other Class Members. These attorneys are called “Class Counsel.” In addition, the Court appointed Plaintiff Jermaine Burton to serve as the Class Representative. He is a Class Member like you. Class Counsel can be reached by calling 1-866-354-3015.
You don’t need to hire your own lawyer because Class Counsel is working on your behalf. You may hire your own lawyer, but if you do so, you will have to pay that lawyer.
Class Counsel will ask the Court for reimbursement of their expenses and attorneys’ fees of up to 35% of the Settlement Fund, and will also request an incentive award of $5,000 for the Class Representative from the Settlement Fund. The Court will determine the proper amount of any attorneys’ fees and expenses to award Class Counsel and the proper amount of any incentive award to the Class Representative. The Court may award less than the amounts requested.
If you do nothing, you will be a Settlement Class Member, and if the Court approves the Settlement, you will automatically receive a payment, and you will also be bound by all orders and judgments of the Court. Unless you exclude yourself from the Settlement, you also won’t be able to start a lawsuit or be part of any other lawsuit against BWAY or any other Released Parties (as that term is defined in the Settlement Agreement) for the claims or legal issues being resolved by this Settlement.
You may exclude yourself from the Settlement. If you do so, you will not receive any cash payment, but you will not release any claims you may have against BWAY or the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have by pursuing your own lawsuit against BWAY and the Released Parties at your own risk and expense.
You can mail or email a letter stating that you want to be excluded from the Settlement. Your letter must: (a) be in writing; (b) identify the case name Burton v. BWAY Corporation, Case No. 18-CH-09797 (Cir. Ct. Cook Cty. Ill.); (c) state the full name and current address of the person in the Settlement Class seeking exclusion; (d) be signed by the person seeking exclusion; and (e) be postmarked or received by the Settlement Administrator on or before February 22, 2023. Your request to be excluded must also include a statement to the effect that: “I hereby request to be excluded from the proposed Settlement Class in Burton v. BWAY Corporation, Case No. 18-CH-09797 (Cir. Ct. Cook Cty. Ill.).” You must mail or email your exclusion request no later than February 22, 2023 to:
Burton v. BWAY Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799
-or-
info@bwaybipasettlement.com
You can’t exclude yourself over the phone. No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs.
No. Unless you exclude yourself, you give up any right to sue BWAY and any other Released Party for the claims being resolved by this Settlement.
No. If you exclude yourself, you will not receive a payment.
If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should deny approval by filing an objection. To object, you must file a letter or brief with the Court stating that you object to the Settlement in Burton v. BWAY Corporation, Case No. 18-CH-09797 (Cir. Ct. Cook Cty. Ill.), no later than February 22, 2023. Your objection must be e-filed or delivered to the Court at the following address:
Clerk of the Circuit Court of Cook County, Illinois - Chancery Division
Richard J. Daley Center, 8th Floor
50 West Washington Street
Chicago, Illinois 60602
The objection must be in writing, must be signed, and must include the following information: (a) your full name and current address, (b) a statement that you believe yourself to be a member of the Settlement Class, (c) the specific grounds for your objection, (d) all documents or writings that you desire the Court to consider, (e) the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of your objection or who may profit from the pursuit of your objection, and (f) a statement indicating whether you (or your counsel) intend to appear at the Final Approval Hearing. You must submit any objection in writing by February 22, 2023 in order to be heard by the Court at the Final Approval Hearing. If you hire an attorney in connection with making an objection, that attorney must file an appearance with the Court or seek pro hac vice admission to practice before the Court, and electronically file the objection by the objection deadline of February 22, 2023. If you do hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf. If you exclude yourself from the Settlement, you cannot file an objection.
In addition to filing your objection with the Court, you must send via mail, email, or delivery service, by no later than the February 22, 2023, copies of your objection and any supporting documents to both Class Counsel and the Defendant’s Counsel at the addresses listed below:
| Class Counsel | Defense Counsel |
|---|---|
| Schuyler Ufkes sufkes@edelson.com EDELSON PC 350 North LaSalle Street, 14th Floor Chicago, Illinois 60654 | Martin G. Durkin martin.durkin@hklaw.com Holland & Knight LLP 150 North Riverside Plaza, 27th Floor Chicago, IL 60606 |
Class Counsel will file with the Court and post on the settlement website its request for attorneys’ fees and Plaintiff’s request for an incentive award on February 8, 2023.
Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class as a Class Member. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be a Settlement Class Member. If you exclude yourself, you have no basis to object because the case no longer affects you.
The Court will hold the Final Approval Hearing at 11:00 a.m. on March 30, 2023 before the Honorable Caroline Kate Moreland via Zoom (Zoom Meeting ID: 952 6244 1199 Password: 541722). The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive award to the Class Representative.
Note: The date, time and location of the Final Approval Hearing are subject to change by the Court. Any changes will be posted on the Settlement Website under Important Dates.
No. Class Counsel will answer any questions the Court may have. You are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement, the Court will consider it. You may also pay a lawyer to attend, but you don’t have to.
Yes. If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement. If you filed an objection (see FAQ 18 above) and intend to appear at the hearing, you must state your intention to do so in your objection.
This notice summarizes the proposed Settlement. More details, including the Settlement Agreement and other documents are available on the Settlement Website or at the Clerk’s Office in the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays and any closures as a result of the COVID-19 pandemic. You can also contact Class Counsel at 1-866-354-3015 with any questions.